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Fail to stop at stop sign in NJ Help needed... New Jersey

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  • Fail to stop at stop sign in NJ Help needed... New Jersey

    Hi All,

    I was stopped today for "Fail to stop at stop sign" in NJ. It is 2 points and 85$ fine. I am not worried about the fine but the point on the record is not good as it will increase my auto insurance. I totally feel that I did wrong thing and broke the law and learn my lesson and will not do again. It was my first ticket, I never had any ticket in past also.
    I was going to meet my previous employer and cop was sitting in his car parked next to the stop sign. And I didn't even notice the stop sign, as I never been to that road before. Then he came from the back and stopped us on the next block, I admitted that I did mistake but was not done purposely and I did not notice the stop sign. He took the license and next thing he came with a ticket. I was very nervous as this was first time in my life a cop stopped me.

    (1) Now what I can do so that I don't get the point (?), I am willing to negotiate for some non moving violation with more fine.

    (2) If I plead non-guilty then I will need to present the case in front of the judge, knowing the fact that I really didn’t stop at the stop sign, how I can justify my action of not stopping, to convince the judge/public prosecutor to drop/reduce the charge? is it possible to reduce the charge on the ground of first offense and not having any past record of traffic violation? Do I need a lawyer for that or I can do it by myself?

    (3) How much a lawyer could cost?

    (4) Is it also possible that judge can give me more points like careless driving besides the fail to stop at stop light? If that will happen then I will end up with more fine and points? Or judge doesn’t add the points during hearing, whatever happens on the road was final, they don’t add the points later?

    (5) One last thing, do I need to be physically present during the court date, or my brother can attend the date on behalf of me? As I work in Boston, this is a new job and it will be tough to get the day off. Or only a lawyer can only present my case and if lawyer is there then my appearance is not required?

    Thank you for reading my post and your replies.


  • #2
    Das ist in der Doktor!

    (1) Nothing, that’s not how it works

    (2) You can’t. Why should the charge be dropped or reduced? Because until now you HAD a spotless record and you drive your mother to church on Sundays? It has been said he who represents himself in court represents a fool.

    (3) Probably more than the increase of your insurance rates. Try the Yellow pages.. Look under Attorneys. Ask. ( btw, if you lose in court you will have court costs as well.)

    (4) No.

    (5) Do you owe your brother any money?
    Do you owe any lawyers money?

    Look, you blew a stop sign with a cop sitting right there next to you. You are an accident waiting to happen, perhaps the increase in your rates for however long it stays on your driving record will be a monthly reminder that each time you get behind the wheel to pull your head out of your @ss and pay attention to your driving!……Der Doktor ist heraus
    There are three kinds of people:
    The ones who learn by reading,
    the few who learn by observation,
    and then there are those who have to pee on the electric fence and find out for themselves.


    • #3
      1. Was the stop sign hidden until the last second? If so, you had no notice, because government failed to keep the sight distances clear. Traffic systems must be made so strangers can drive them legally and safely, without special knowledge (such as reading about an ordinance in the local paper).

      2. Court is more important than anything else, including your job. Employers are required to giver time off for court. Court is not required to accommodate your job.

      3. You can mail in your fine if you are pleading guilty.

      4. If you missed the stop sign because you were on the phone, you deserve double whatever sentence you get, plus more.


      • #4
        Employers are required to giver time off for court.

        For jury duty, yes. Not necessarily in other situations.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


        • #5
          39:4-56 Delaying Traffic

          Thank you all for the reply.

          I talk with the people in that area and they told I will get the ticket amended for "Unsafe Operation" which is ZERO DMV point but i will need to pay the surcharge and i will end up paying close to 450$ to town. There will be no DMV point but still the record will show that I had guilty of "Unsafe Operation" of vehicle. Also I will not need to hire an attorney for that.

          (1) Now is it good idea to accept this? I am afraid that though it is ZERO DMV point but the word "Unsafe Operation" doesn't sound good. Is it like careless driving?

          Yesterday I met with one lawyer and he told that he can get my ticket amended for “39:4-56 Delaying Traffic”, he was confident and when I asked him how you are so sure, then he said it is what he does, it is his profession and he is lawyer, he know how to fight the ticket in court.
          Fine will be less than 100$ but he will charge me 400$ fee for that, so more or less I will end up paying close to 500$ irrespective I hire the attorney or not. At this moment i am not worried about the money. So if I hire him I will be guilty of "39:4-56 Delaying the traffic".

          (2) What do you think should I agree for "39:4-56 Delaying the traffic"? How severe it is? Is it like parking violation ticket or it can increase my insurance too?

          (3) Is "39:4-56 Delaying the traffic” comes in careless driving?

          (4) This is first time I got the ticket and talked with the lawyer any one have idea how come the lawyers are so sure that they will change my original ticket of "Not stopping at stop sign" to "39:4-56 Delaying the traffic"?

          I am sorry for asking so many questions and I really thank you all for your time, reply and help


          • #6
            Originally posted by cbg View Post
            Employers are required to giver time off for court.

            For jury duty, yes. Not necessarily in other situations.
            They aren't required to pay you, but they are prohibited from retaliating because you obey the law and go to court.


            • #7
              Running a stop sign: you don't have plead guilty

              Failing to stop or yield is a violation of NJSA 39:4-144. It can be charged under other statutory provisions, but this is this most common. If you have been issued a traffic ticket for this offense, you should not automatically assume that you should plead guilty. I am a traffic violation lawyer in New Jersey and represent defendants charged with failing to stop at a stop sign. On most occasions, I am able to negotiate a no point violation, lower the fine, or take the case to trial and win. In your particular case, just because a stop sign is there doesn't mean that it is there legally, or that it conforms with the requirements of posting a stop sign in New Jersey.
              Last edited by cbg; 12-20-2009, 06:50 AM.
              Todd Palumbo, Esq., NJ Traffic Offenses


              • #8
                Solicitations are not permitted on these forums. You may put a link to your website in your signature, but any direct or indirect solicitations beyond that will be removed.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


                • #9
                  & please do not reply to old threads.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.